The garden proprietor has decided to let the garden grow in its natural, untamed state.
In a recent legal ruling, the German Federal Court of Justice (BGH) has established that the eviction of a troublemaker from a residential complex cannot be limited to their co-ownership share. This decision was made in a case involving the eviction of co-owners from an allotment garden community, while other members of the community are not to be evicted.
The case in question revolves around two co-owners who have been ordered to surrender their co-ownership shares due to severe negligence and disruption within the community. The defendants were found to have seriously violated the obligations of the other apartment owners or the community of apartment owners. Their garden areas were left completely overgrown, causing a leaking above-ground water tap, a collapsed fence, a dangerously dilapidated garden house, a dilapidated greenhouse, and an entrance door that was no longer passable.
The allotment garden co-ownership community is irrevocable, meaning it cannot exclude disturbing co-owners according to the regulations of the partition declaration. Despite repeated reminders from the owner's community, the defendants failed to maintain their garden plots, leading to the totality of the co-owners being accountable to the GdWE.
In an effort to rectify the situation, the owners' assembly decided to enforce claims for compensation for expenses and fees, as well as the orderly management of the gardens. They also passed a binding resolution, demanding the surrender of both defendants' shares and empowering the property manager to enforce an eviction lawsuit.
The eviction of the co-ownership share is not excluded just because the defendants do not hold a "whole" co-ownership share, but are only co-owners of a co-ownership share. The totality of the co-owners in the garden community has the status of an owner, and the BGH has ruled that removing a troublemaker from a residential complex cannot be limited to the co-ownership share of the troublemaker; the entire residential ownership must be evicted if necessary.
The defendants, who form an inheritance community and are each heirs to 1/2 of the property, have yet to be identified publicly. The search results do not contain information about the identities of the two prosecutors in the court case concerning the deprivation of co-ownership rights of three garden plots within the community property association.
This ruling serves as a reminder to all co-owners in residential complexes to fulfil their obligations and maintain their properties, ensuring a harmonious living environment for all members of the community.
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